Ayush S/O Sharad Pathade v. State Of Maharashtra, Thr. Secretary, Social Justice And Special Assistance Dept., Mumbai And ORS.

2026:BHC-NAG:7041-DB 3 wp 3773-2026.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3773 OF 2026 Ayush S/o Sharad Pathade, Age about 19 years, Occu: Student, R/o Line No.5, Laxminagar, New Cotton Market, Amravati, Dist.

Amravati ...PETITIONER

VERSUS

1.

State of Maharashtra, Through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai - 400032 2.

The Vice Chairman/MemberSecretary, District Caste Certificate Scrutiny Committee, Dr. Ambedkar Samajik Nyay Bhavan, Behind Dakshta Bhavan, Darvha Road, Yavatmal, Dist. Yavatmal-445001 3.

The Principal, Government Engineering College, Amravati, Dist.

Amravati;

4.

The Directorate of Technical Education (DTE), 3, Mahapalika Marg, Post Box No. 1967, Opp. Metro Cinema, Mumbai - 400 001 ...RESPONDENTS

3 wp 3773-2026.odt 2/4 --------------------------------------------------------------------------------------------- Shri M.L.Vairagade, Advocate for petitioners Ms H.N. Jaipurkar, AGP for respondent/State --------------------------------------------------------------------------------------------

CORAM

:

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATE :

04.05 .2026 ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, JJ.

) Heard.

2.

Issue notice to the respondents.

3.

Learned Assistant Government Pleader waives notice for respondents/State.

4.

In view of the order we are proposing to pass, reply of the respondent is not called for.

5.

The present petition seeks a direction to restore the petitioner's caste validity proposal and decide the same afresh on merits.

6.

The learned Counsel for the petitioner takes us through the

3 wp 3773-2026.odt 3/4 order dated 07.05.2025, passed by the respondent Scrutiny Committee and states that the proposal for verification of his caste claim has not been decided on merits. However, according to the Scrutiny Committee only because he could not file the documents which were relevant for adjudicating the caste claim, the matter has been returned back. He further submits that the notice has been received by the petitioner on 24.03.2026 stating that if the validity certificate is not submitted, his admission would be cancelled. He therefore submits that the petitioner being a layman could not challenge the order of the Scrutiny Committee dated 07.05.2025 earlier and only when there was a threat of discontinuation of education that the petitioner has approached this Court.

7.

In view of the fact that the petitioner is a student pursuing his education with the respondent No.3, College, we deem it fit to restore the case of the petitioner closed by the Scrutiny Committee vide order dated 07.05.2025 bearing No. TECH, ED-2024014084069. Liberty is given to the petitioner to submit such additional documents as he deems fit before the Scrutiny Committee and the Scrutiny Committee is directed to take into

3 wp 3773-2026.odt 4/4 consideration all the documents filed by the petitioner while deciding the caste claim. The Committee is further directed to follow the procedure as laid down in Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and hear the petitioner. 8.

The Scrutiny Committee is directed to decide the same within two months from the date of receipt of this order. The petitioner being a student, his ongoing education may not be disturbed till the decision of the Scrutiny Committee. The petition is disposed of in the above terms (NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Jayashree..